Legal Opinion

Danco Co. v. Commissioner

United States Tax Court

Decided February 28, 1950No. Docket No. 19519Published

Petitioner, an Ohio corporation organized in April, 1940, was engaged during the taxable years 1942 and 1943 in the business of fabricating sheet metal to customers' specifications. Petitioner duly filed applications for relief under section 722 (c) of the Internal Revenue Code in respect to the years 1942 and 1943, which applications have been disallowed by the Commissioner.

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Petitioner, an Ohio corporation organized in April, 1940, was engaged during the taxable years 1942 and 1943 in the business of fabricating sheet metal to customers' specifications. Petitioner duly filed applications for relief under section 722 (c) of the Internal Revenue Code in respect to the years 1942 and 1943, which applications have been disallowed by the Commissioner. Held, that a taxpayer seeking relief under section 722 (c) must demonstrate the inadequacy of its excess profits tax credit based upon invested capital by showing the existence of one of the qualifying features under…

1Opinion of the Court

The Danco Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Danco Co. v. Commissioner

Docket No. 19519

United States Tax Court

14 T.C. 276; 1950 U.S. Tax Ct. LEXIS 266;

February 28, 1950, Promulgated

Decision will be entered for the respondent.

Petitioner, an Ohio corporation organized in April, 1940, was engaged during the taxable years 1942 and 1943 in the business of fabricating sheet metal to customers' specifications. Petitioner duly filed applications for relief under section 722 (c) of the Internal Revenue Code in respect to the years 1942 and 1943, which applications have…

2Cases cited6 opinions

  1. Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
  2. MacDonald v. CommissionerUnited States Tax Court · 1944
  3. Danco Co. v. CommissionerUnited States Tax Court · 1950
  4. Irwin B. Schwabe Co. v. CommissionerUnited States Tax Court · 1949
  5. Fairfax Mut. Wood Products Co. v. CommissionerUnited States Tax Court · 1945

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